ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 10 SEPTEMBER 2025
, Professional Ethics
Question 1
The application to strike the respondent off the roll of legal practitioners was brought by
the Legal Practice Council (Legal Practice Council v Steffen, 2024, para. 1).
Question 2
The profession of attorneys in South Africa is currently regulated by the Legal Practice
Act 28 of 2014 (Republic of South Africa, 2014).
Question 3
An attorney must have a Fidelity Fund certificate and operate a trust banking
account because these are statutory requirements designed to protect the public and
clients.
Firstly, section 85 of the Legal Practice Act 28 of 2014 requires all practising attorneys
who hold money on behalf of clients to be in possession of a valid Fidelity Fund
certificate (Republic of South Africa, 2014, s. 85). Secondly, section 86 compels
attorneys to operate trust accounts to ensure that client monies are kept separate from
the practitioner’s personal funds, thereby protecting them from misappropriation
(Republic of South Africa, 2014, s. 86). Finally, in cases of theft or dishonesty, clients
may claim limited reimbursement from the Legal Practitioners’ Fidelity Fund, which is
only available if the attorney holds a Fidelity Fund certificate (University of South Africa,
2025, p. 5).